Migration Amendment (Complementary Protection) Regulation 2014 (Cth)

Migration Amendment (Complementary Protection) Regulation 2014

Select Legislative Instrument No. 182, 2014

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.

Dated 27 November 2014

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Scott Morrison

Minister for Immigration and Border Protection

Contents

1............ Name.................................................................................................. 1

2............ Commencement.................................................................................. 1

3............ Authority............................................................................................ 2

4............ Schedules............................................................................................ 2

Schedule 1—Amendments                                                                            3

Part 1—Main amendments                                                                      3

Migration Regulations 1994                                                                    3

Part 2—Application and transitional provisions                                   4

Migration Regulations 1994                                                                    4

1Name

This is the Migration Amendment (Complementary Protection) Regulation 2014.

2Commencement

Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information

Column 1

Column 2

Provisions

Commencement

1.  Sections 1 to 4 and anything in this instrument not elsewhere covered by this table

The day after this instrument is registered.

2.  Schedule 1, items 1 to 3

The later of:

(a) the day after this instrument is registered; and

(b) the day items 1 to 4 of Schedule 2 to the Migration Amendment (Protection and Other Measures) Act 2014 commence.

However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.

3.  Schedule 1, items 4 and 5

The later of:

(a) the day after this instrument is registered; and

(b) the day items 1 to 4 of Schedule 2 to the Migration Amendment (Protection and Other Measures) Act 2014 commence.

However, the provisions do not commence at all if:

(a) Division 1 of Part 4 of Schedule 2 to the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 commences at or before that time; or

(b) items 1 to 4 of Schedule 2 to the Migration Amendment (Protection and Other Measures) Act 2014 do not commence.

4.  Schedule 1, item 6

The later of:

(a) the day after this instrument is registered; and

(b) the day items 1 to 4 of Schedule 2 to the Migration Amendment (Protection and Other Measures) Act 2014 commence.

However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.

3Authority

This instrument is made under the Migration Act 1958.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Part 1—Main amendments

Migration Regulations 1994

1  Paragraph 4.31B(3)(b)

Repeal the paragraph, substitute:

(b) because the criterion mentioned in paragraph 36(2)(aa) of the Act is satisfied in relation to the applicant.

2  Subparagraph 4.31C(1)(aa)(ii)

Omit all the words after “because”, substitute “the criterion mentioned in paragraph 36(2)(aa) of the Act is satisfied in relation to the applicant; or”.

3  Paragraph 4.33(4)(a)

Omit all the words after “because”, substitute “the criterion mentioned in paragraph 36(2)(aa) of the Act is satisfied in relation to the applicant; and”.

4  Subclause 866.211(4) of Schedule 2

Repeal the subclause, substitute:

            (4)  The applicant:

(a) claims that the criterion mentioned in paragraph 36(2)(aa) of the Act is satisfied in relation to the applicant; and

                    (b)  makes specific claims as to why that criterion is satisfied.

Note: Paragraph 36(2)(aa) of the Act sets out criterion for the grant of protection visas to non‑citizens in respect of whom Australia has protection obligations.

5  Subclause 866.221(4) of Schedule 2

Repeal the subclause, substitute:

            (4)  The Minister is satisfied that:

                    (a)  the applicant is not a person to whom Australia has protection obligations under the Refugees Convention; and

(b) the criterion mentioned in paragraph 36(2)(aa) of the Act is satisfied in relation to the applicant.

Part 2—Application and transitional provisions

Migration Regulations 1994

6  Schedule 13

Insert it its appropriate numerical position:

Part 36—Amendments made by the Migration Amendment (Complementary Protection) Regulation 2014

3601  Operation of Part 1 of Schedule 1

The amendments of these Regulations made by Part 1 of Schedule 1 to the Migration Amendment (Complementary Protection) Regulation 2014 apply in relation to the following applications for a visa:

                    (a)  if items 1 to 4 of Schedule 2 to the Migration Amendment (Protection and Other Measures) Act 2014 commence before this regulation—an application made on or after the commencement of those items, but not finally determined before the commencement of this regulation;

                    (b)  an application made on or after the commencement of this regulation.